No5 Barristers’ Chambers defends cricketer in rape trial

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Costs of unwanted child not recoverable for public policy considerations

By Rebecca Livesey In ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child. By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used […]

Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?

The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally. The Respondent had admitted negligence in failing to detect signs of cancer in smear tests carried out on […]

Benefits and perils of permanent health schemes in employment contracts

In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd[2002] IRLR 607, amongst others) To the effect that a term will be implied into contracts of employment that “once the employee has become entitled to […]

Experts’ Agendas: A warning from the bench

“it certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do […]

Breach of duty and causation in VTE claims: An insight

By Neil Thompson Venous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most commonly in the deep veins of the legs or pelvis deep vein thrombosis (DVT) Common and potentially preventable Accounts for thousands of deaths annually in NHS Fatal pulmonary embolism (PE) a common cause of in-hospital […]

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Drone usage and the law

By Jane Weaver, Martin McKeague It is likely that, in the run-up to this Christmas, perhaps more online shopping will have been done than at any time ever before. Amid news stories about traffic congestion being caused by the growing numbers of delivery vans on our roads, and as technological innovations develop apace, retailers may be increasingly […]

Portugal: An introduction to Energy & Natural Resources

By Rui Amendoeira, Miguel Soares Branco In 2016, Portugal ran for four days straight on renewable energy alone. Recent investments in renewable energies mean that currently Portugal runs approximately 60 per cent on renewable energy all year round. Without relevant oil and gas developments, this European country represents the modern approach to the energy sector with […]

Channel Islands funds quarterly legal and regulatory update: Q4 2018

Jersey Developments Value of regulated funds in Jersey hits record high Figures released by the Jersey Financial Services Commission (JFSC) for Q3/2018 and reported by Jersey Finance, showed that the net asset value of regulated funds under administration in Jersey grew 14% year-on-year to stand at £301.7bn. Ogier’s commentary on this very encouraging news can […]

Serbia: The registration of Ultimate Beneficial Owners

As of 31 December 2018, the Central Registry of Ultimate Beneficial Owners was established within the Serbian Business Registers Agency (the “Registry”), in line with the Law on Ultimate Beneficial Owners (“Official Gazette of the RoS no. 41/2018). In addition, the Ministry of Economy issued guidelines which provide more information on the implementation of certain aspects of this Law […]

2019 Planning predictions

2019 is likely to be an unpredictable and turbulent year in the UK and abroad, and few will be confident enough to predict whether Great Britain and Northern Ireland will leave the European Union in March; whether we will enjoy a heatwave in the Summer; or what the nation will watch now that Big Brother […]

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Lloyds Banking Group general counsel Kate Cheetham has been handed responsibility for another side of the business, being put in charge of the company secretariat role alongside her existing legal position. Cheetham, who became group general counsel in May 2015, has taken on the company secretary role following the retirement of Malcolm Wood, who joined Lloyds […]

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Linklaters and Deloitte join crowdfunding venture to find the next Monzo

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